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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 56
Friday, November 25, 2022, 1:02 p.m. to 3:02 p.m.
Webcast
Presiding
Kevin Waugh (Conservative)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Gabrielle de Billy Brown, Analyst
• Marion Ménard, Analyst
Department of Canadian Heritage
• Thomas Owen Ripley, Associate Assistant Deputy Minister, Cultural Affairs
• Joelle Paré, Acting Director, Marketplace and Legislative Policy
• Pierre-Marc Lauzon, Manager, Legislative and Parliamentary Issues
Pursuant to the order of reference of Tuesday, May 31, 2022, the committee resumed consideration of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.

Thomas Owen Ripley answered questions.

The committee resumed clause-by-clause consideration on Clause 7 of the Bill.

Rachael Thomas moved, — That Bill C-18, in Clause 7, be amended by replacing line 2 on page 4 with the following:

“with subsection (1) or preventing non-compliance with it, other than information the disclosure of which is restricted under any provision of any other Act of Parliament or other law.”

After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 7 carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3.

Clause 8 carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3.

Clause 9 carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3.

Clause 10 carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3.

On Clause 11,

Rachael Thomas moved, — That Bill C-18, in Clause 11, be amended

(a) by replacing lines 22 to 24 on page 4 with the following:

“requests the exemption and the operator has entered into agreements with”

(b) by deleting lines 16 and 17 on page 5.

After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-18, in Clause 11, be amended by replacing line 25 on page 4 with the following:

“all eligible news businesses that operate news outlets that pro-”

Debate arose thereon.

At 1:46 p.m., the sitting was suspended.

At 1:52 p.m., the sitting resumed.

Rachael Thomas moved, — That the amendment be amended by adding the following paragraph:

“(b) by replacing line 32 on page 4 to line 17 on page 5 with the following:

“able by the intermediary, taking into account the editorial expenditures of the news businesses and the value of their content to the intermediary,

(ii) they offer comparable terms and conditions to all eligible news businesses entering into such agreements, and

(iii) the terms and conditions do not limit the freedom of expression, diversity of opinion and journalistic independence enjoyed by news outlets, or concern or influence their editorial positions;

(b) the digital news intermediary has established adequate mechanisms to provide for compensation for eligible news businesses that did not exist before the issuance of the exemption order or for existing news businesses that demonstrate that they had not been informed within a reasonable period of their ability to enter into an agreement; and

(c) small, local and regional news businesses have been provided with adequate information as to their ability to enter into agreements, and there is no significant bargaining power imbalance despite their more limited resources.””.

After debate, the question was put on the subamendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Marilyn Gladu moved, — That the amendment be amended by adding after the word “that” the following: “want to negotiate in good faith and”.

After debate, the question was put on the subamendment of Marilyn Gladu and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Peter Julian, Martin Shields, Rachael Thomas — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Rachael Thomas moved, — That Bill C-18, in Clause 11, be amended

(a) by replacing lines 25 to 27 on page 4 with the following:

“all eligible news businesses that have requested agreements within a reasonable period after the day on which this section comes into force and the Commission is of the opinion”

(b) by replacing line 32 on page 4 to line 17 on page 5 with the following:

“able by the intermediary, taking into account the editorial expenditures of the news businesses and the value of their content to the intermediary,

(ii) they offer comparable terms and conditions to all eligible news businesses entering into such agreements, and

(iii) the terms and conditions do not limit the freedom of expression, diversity of opinion and journalistic independence enjoyed by news outlets, or concern or influence their editorial positions;

(b) the digital news intermediary has established adequate mechanisms to provide for compensation for eligible news businesses that did not exist before the issuance of the exemption order or for existing news businesses that demonstrate that they had not been informed within a reasonable period of their ability to enter into an agreement; and

(c) small, local and regional news businesses have been provided with adequate information as to their ability to enter into agreements, and there is no significant bargaining power imbalance despite their more limited resources.”

After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Peter Julian moved, — That Bill C-18, in Clause 11, be amended by replacing line 7 on page 5 with the following:

“local news businesses and all eligible news businesses benefit from them, they con-”

Debate arose thereon.

At 2:21 p.m., the sitting was suspended.

At 2:23 p.m., the sitting resumed.

Rachael Thomas moved, — That the amendment be amended by adding the following paragraph:

“(b) by replacing line 13 on page 5 with the following:

“cluding diversity with respect to language, ideology and opinion, racial-””.

After debate, the question was put on the subamendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Peter Julian, Martin Shields, Rachael Thomas — 4;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Tim Louis — 6.

Rachael Thomas moved, — That Bill C-18, in Clause 11, be amended

(a) by replacing line 7 on page 5 with the following:

“local news businesses and small news businesses benefit from them, they con-”

(b) by replacing line 13 on page 5 with the following:

“cluding diversity with respect to language, ideology and opinion, racial-”

After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

At 2:36 p.m, the sitting was suspended.

At 2:38 p.m., the sitting resumed.

Peter Julian moved, — That Bill C-18, in Clause 11, be amended by replacing lines 11 to 15 on page 5 with the following:

“(vi) they were entered into with news businesses that reflect a diversity of business models that provide services to all markets and diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities, including official language minority communities, and Black and other racialized communities;

(vii) they ensure a significant portion of Indigenous news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for Indigenous peoples; and”

Debate arose thereon.

Anthony Housefather moved, — That the amendment be amended by adding, to subparagraph (vi), before the word “they” the following: “they involve a range of news outlets in both the non-profit and for-profit sectors and”.

The question was put on the subamendment of Anthony Housefather and it was agreed to.

After debate, the question was put on the amendment of Peter Julian, as amended, and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Marilyn Gladu, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, Martin Shields, Rachael Thomas — 10;

NAYS: — 0.

Peter Julian moved, — That Bill C-18, in Clause 11, be amended

(a) by adding after line 15 on page 5 the following:

“(a.1) the Commission has held public consultations in accordance with any conditions that its Chairperson may specify;”

(b) by adding after line 32 on page 5 the following:

“(5) The order remains in effect for a period of not more than five years and, subject to this section, may be renewed.”

After debate, the question was put on the amendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Marilyn Gladu, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis, Martin Shields, Rachael Thomas — 10;

NAYS: — 0.

Rachael Thomas moved, — That Bill C-18, in Clause 11, be amended by replacing lines 16 and 17 on page 5 with the following:

“(b) the digital news intermediary has established adequate mechanisms to provide for compensation for eligible news businesses that did not exist before the issuance of the exemption order or for existing news businesses that demonstrate that they had not been informed within a reasonable period of their ability to enter into an agreement.”

After debate, the question was put on the amendment of Rachael Thomas and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Marilyn Gladu moved, — That Bill C-18, in Clause 11, be amended by adding after line 32 on page 5 the following:

“(5) The Commission must, by regulation, set out the thresholds that it will apply when determining whether the criteria set out in subparagraphs 11(1)(a)(i) to (vi) are satisfied and the methods of determining the thresholds.”

After debate, the question was put on the amendment of Marilyn Gladu and it was negatived on the following recorded division:

YEAS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3;

NAYS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7.

Clause 11, as amended, carried on the following recorded division:

YEAS: Chris Bittle, Martin Champoux, Michael Coteau, Lisa Hepfner, Anthony Housefather, Peter Julian, Tim Louis — 7;

NAYS: Marilyn Gladu, Martin Shields, Rachael Thomas — 3.

At 3:02 p.m., the committee adjourned to the call of the Chair.



Aimée Belmore
Clerk of the committee